The Difference Between Private Deeds and Authentic Deeds: Which One Is Stronger?
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In an agreement, a written document can serve as important evidence in the event of a dispute. In Indonesia, two commonly recognized types of deeds are authentic deeds and private deeds.
Both can serve as evidence, but they differ in terms of how they are prepared and their evidentiary strength.
WHAT IS AN AUTHENTIC DEED?
An authentic deed is a deed made by or before an authorized public official, in the form and according to the procedures prescribed by law.
The provisions regarding authentic deeds are regulated under Article 1868 of the Indonesian Civil Code (KUHPerdata).
Examples include:
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Deeds drawn up by a notary;
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Deeds of Sale and Purchase (AJB) drawn up by a Land Deed Official (PPAT);
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Deeds of establishment of a company drawn up by a notary.
One of the advantages of an authentic deed is its stronger evidentiary value, including with respect to matters stated by the public official in the deed.
WHAT IS A PRIVATE DEED?
A private deed is a deed prepared and signed by the parties without being drawn up by or before a public official.
Examples include:
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Loan agreements;
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Lease agreements;
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Vehicle sale and purchase agreements prepared independently by the parties.
A private deed can still serve as evidence. However, under certain circumstances, its evidentiary strength may become an issue if one of the parties disputes the signature, contents, or validity of the deed.
WHICH ONE IS STRONGER?
In general, an authentic deed has stronger evidentiary value than a private deed.
However, this does not mean that every authentic deed automatically resolves all legal issues. The strength of a deed still depends on its contents, the authority of the official who prepared it, and compliance with the applicable legal requirements.
Meanwhile, a private deed does not mean that it has no legal force. It can serve as important evidence as long as it meets the applicable legal requirements and is not disputed by the relevant party.
CONCLUSION
The main difference between the two lies in how they are prepared and their evidentiary strength.
An authentic deed is made by or before an authorized public official and therefore has stronger evidentiary value.
A private deed, on the other hand, is prepared by the parties themselves and can still serve as evidence, but carries a greater evidentiary risk if a dispute arises.
For transactions or agreements involving significant value and legal risks, it is important to understand the appropriate type of document and the form of legal protection required before signing it.
Disclaimer: This article is prepared for general legal information and educational purposes only. Regulations may change from time to time in accordance with applicable policies. For specific legal advice or case handling, please consult a legal professional.
